appeal Archives - Pappalardo & Pappalardo LLP

Use of Stun Belts by New York Corrections Officers

By Jill K. Sanders, Esq. Corrections officers provide a necessary service to manage those accused of or convicted of crimes who are in custody. To that end, officers may need to use various forms o...

What Makes a Competent Witness in a Criminal Prosecution?

By Jill K. Sanders, Esq. When a person is on trial for a crime, the only evidence the jury can consider is competent evidence. This is evidence which is admissible, material, and relevant. When it...

Predicate Felony Sentencing in New York Criminal Courts

By Jill K. Sanders, Esq. When it comes to sentencing, a person’s criminal history matters. If a person has prior convictions – whether for violations, misdemeanors, or felonies – the prosecutor and...

A Criminal Defendant’s Waiver of the Right to a Trial by Jury

By Jill K. Sanders, Esq. In criminal cases in New York, a defendant enjoys a right to a trial by jury. This right is protected by both the U.S. Constitution as well as the New York State Constituti...

Traffic Stops and Pat-Down Searches by Police in New York

By Jill K. Sanders, Esq. You’ve been pulled over by a police officer. It's just for a traffic violation – your taillight is out, you moved out of a lane without signaling, or some other minor infra...

Client’s Rights: What Defendants Should Expect From Their Attorneys

By Jill K. Sanders, Esq. If you’re facing criminal charges, one of the most important relationships you have is that with your lawyer. But what if he doesn’t return your calls? If she doesn’t expla...

The Trial Penalty: Why Criminal Defendants Often Take a Plea Bargain

By Jill K. Sanders, Esq. Most criminal cases in today’s legal system are resolved by the defendant entering a guilty plea rather than by trial. Why? Because if a defendant goes to trial and is foun...

Local Rule on Traffic Tickets Is Improper, Court of Appeals Holds

By Jill K. Sanders, Esq. In New York, there are various levels of courts – local courts, supreme courts, appellate courts, and the Court of Appeals. The holdings by these courts develop into local...

Is an Equipment Violation Ticket Probable Cause for a DWI Stop?

By Jill K. Sanders, Esq. As we discussed in our recent blog, a car stop by a police officer is lawful in only a certain number of situations. One is when the copy has probable cause to believe the...

Calls Recorded By Jails Can Be Used By Prosecutors

By Jill K. Sanders, Esq. If you’ve ever received calls from someone in jail or prison, you’ve likely heard a recording prior to accepting the call. And it usually states that the phone call will be...

The Basics of Handling a New York Criminal Appeal

By Jill K. Sanders, Esq. As a follow-up to our recent post about the basics of New York's criminal justice system, here we'll provide a brief overview of what happens when you appeal a criminal con...

Court of Appeals Rules There’s No “Actual Innocence” Claim For Those Who Plead Guilty

By Jill K. Sanders, Esq. Most cases in the criminal justice system are resolved by guilty pleas rather than trials. Usually, it is to the benefit of both the prosecution and the defendant to resolv...